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Adequate Opportunity for Discovery Required
Article • July 15, 1999 • from PLN July, 1999
Filed under: Retaliation, Retaliation for Litigating, Retaliatory Transfers, Appointment of Counsel, Discovery, Qualified Immunity, Supervisory Liability
Adequate Opportunity for Discovery Required by The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not …
Qualified Immunity in Transsexual Treatment Case
Article • July 15, 1999 • from PLN July, 1999
Filed under: Medical, Systemic Medical Neglect, Qualified Immunity, Supervisory Liability, Transgender Medical Procedures
Qualified Immunity in Transsexual Treatment Case by In the December, 1998, issue of PLN we reported Farmer v. Hawk, 991 F. Supp. 19 (D DC 1998). Dee Farmer, a federal pre operational male to female transsexual, challenged the Bureau of Prisons (BOP) policy of not providing adequate treatment to transsexual …
New York Work Release Suit Dismissed
Article • July 15, 1999 • from PLN July, 1999
Filed under: Work Release, Disciplinary Hearings, Disciplinary Litigation, Qualified Immunity
New York Work Release Suit Dismissed by In the February, 1997, issue of PLN we reported Roucchio v. Coughlin, 923 F. Supp. 360 (ED NY 1996), which held that New York prisoners may have a due process liberty interest in work release status. In this ruling, the same court held …
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
Article • July 15, 1999 • from PLN July, 1999
Filed under: Guard Misconduct, Failure to Protect (General), Excessive Force, Guard Brutality/Beatings, Summary Judgment, Appeals, Qualified Immunity, Supervisory Liability
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear a warden's interlocutory appeal disputing material facts in the case. The court also held that letters from a prisoner alerting supervisory prison officials to …
Washington Gift Subscription Ban Injunction Affirmed
Article • July 15, 1999 • from PLN July, 1999
Filed under: Damages, Injunctions, Contempt (Civil Procedure), Qualified Immunity, Mail, Publications/Books, Mail Regulations, Due Process
Washington Gift Subscription Ban Injunction Affirmed by In the February, 1998, issue of PLN we reported Crofton v. Spalding and Crofton v. Ocanaz. Both were unpublished rulings from the U.S. district court in Spokane, Washington. Two separate judges ruled that a Washington State Penitentiary (WSP) policy requiring that prisoners purchase …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant
Article • June 15, 1999 • from PLN June, 1999
Filed under: Misconduct/Corruption, Parole Board Misconduct, Disciplinary Litigation, Filing Fees (PLRA), Physical Injury Rule, Parole, Qualified Immunity
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Illegal Detention Violates Substantive Due Process
Article • April 15, 1999 • from PLN April, 1999
Filed under: Civil Procedure, State Law Claims, Wrongful Imprisonment, Qualified Immunity, Supervisory Liability, Municipal Liability
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …
New York Prisoners Have Right to Staff Assistance and Witness Testimony
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings), Hearing Officers, Staff Assistance, Qualified Immunity
New York Prisoners Have Right to Staff Assistance and Witness Testimony by The court of appeals for the Second Circuit held that New York state prisoners have a right under the Due Process Clause to have disciplinary hearing officers provide staff assistance and to obtain requested documentary evidence and witness …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
Article • March 15, 1999 • from PLN March, 1999
Filed under: Strip Searches, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Eighth Amendment Applies to Escaped Convicts
Article • March 15, 1999 • from PLN March, 1999
Filed under: Escapes, Excessive Force, Shootings, Qualified Immunity
Eighth Amendment Applies to Escaped Convicts by The court of appeals for the Sixth circuit held that escaped convicts are not subject to Fourth Amendment protections simply because they are outside of a facility. Only the Eighth Amendment applies. Since the law in this regard was unsettled, a guard who …
Trial Required in Wisconsin Excessive Force Suit
Article • February 15, 1999 • from PLN February, 1999
Filed under: Cell Searches, Excessive Force, Guard Brutality/Beatings, Summary Judgment, Qualified Immunity
Trial Required in Wisconsin Excessive Force Suit by Afederal district court in Wisconsin held that a trial was required to determine if excessive force was used during a prison cell search. The court held that defendant prison officials had failed to present sufficient evidence to support their motion for summary …
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA
Article • February 15, 1999 • from PLN February, 1999
Filed under: Deaf Prisoners, State Law Claims, Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act, Qualified Immunity
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA by Prisoners Entitled To Money Damages And Injunctive Relief Under ADA And RA A federal court in Michigan held that prison officials were not entitled to qualified immunity for money damages in a deaf prisoner's American Disability Act …
Indiana Jail Ban on Publications Struck Down
Article • February 15, 1999 • from PLN February, 1999
Filed under: Civil Procedure, State Law Claims, Qualified Immunity, Publications/Books
Indiana Jail Ban on Publications Struck Down by In an unpublished ruling, on May 13, 1998, a federal district court in Indiana held that a county jail's policy prohibiting prisoners from receiving publications from any source outside the jail was unconstitutional. In 1997 the St. Joseph county jail in Indiana …
Parole Officer Recommendation Not Protected by Absolute Immunity
Article • February 15, 1999 • from PLN February, 1999
Filed under: Parole Board Misconduct, Retaliation for Litigating, Civil Procedure, State Law Claims, Parties, Parole, Qualified Immunity, Judicial Immunity, Prosecutorial Immunity
Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling
Article • February 15, 1999 • from PLN February, 1999
Filed under: Deaf Prisoners, Disciplinary Litigation, Civil Procedure, Defenses, Injunctions, State Law Claims, Eleventh Amendment Immunity, Qualified Immunity
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
No Immunity for Forcing Disabled Prisoner to Work
Article • January 15, 1999 • from PLN January, 1999
Filed under: Disabled Prisoners, Work, Prison Labor, Inability to Work, Skeletal Injury, Qualified Immunity
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
No Interlocutory Appeal of Disputed Facts
Article • December 15, 1998 • from PLN December, 1998
Filed under: Threats by Staff, Vermin, Excessive Force, Shootings, Summary Judgment, Appeals, Qualified Immunity
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
Segregated Prisoners Retain Religious Congregation Rights
Article • December 15, 1998 • from PLN December, 1998
Filed under: Prosecutor/Attorney General Misconduct, Civil Procedure, Summary Judgment, Discovery, Sanctions, Qualified Immunity, Supervisory Liability, Denial of Religious Services
Segregated Prisoners Retain Religious Congregation Rights by Prisoners in disciplinary segregation (keeplock) in the Second Circuit have a clearly established right to attend religious services according to a New York federal district court. The court also required the attorney general's office to explain why it should not be sanctioned for …
Qualified Immunity No Protection for ADA Injunctive Claims
Article • December 15, 1998 • from PLN December, 1998
Filed under: Diabetes, Civil Procedure, Injunctions, Local Rules, Americans with Disabilities Act, Qualified Immunity
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Blanket Jail Strip Search Policy Unconstitutional
Article • December 15, 1998 • from PLN December, 1998
Filed under: Searches, Strip Searches, Arrestee Searches, Qualified Immunity, Municipal Liability
Blanket Jail Strip Search Policy Unconstitutional by Afederal court in Utah has held that a blanket strip search policy by a jail may be unconstitutional. Kristin Foote, a motorist, was stopped, arrested, and taken to a county jail by two Utah Highway Patrol officers, one of whom was a drug …
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